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Special Graduate Schools Graduate School of International Studies Department of International Business International Business 3. Theses(Master)

Philippines Safeguard Measures Act and Its Impact: A Case Study of the Philippine Ceramic Tile Industry

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dc.contributor.advisor이규상-
dc.contributor.authorGebela,P Gerry-
dc.date.accessioned2018-11-08T07:08:28Z-
dc.date.available2018-11-08T07:08:28Z-
dc.date.issued2008-12-
dc.identifier.other9919-
dc.identifier.urihttps://dspace.ajou.ac.kr/handle/2018.oak/5251-
dc.description학위논문(석사)----아주대학교 국제대학원--국제경영학과,2008.12-
dc.description.tableofcontentsTABLE OF CONTENTS Acknowledgement i Abstract ii Table of Contents iii List of Tables v List of Figures v Abbreviations vi CHAPTER 1: INTRODUCTION 1 1.1 Methodology 3 1.2 Limitation of the Study 3 1.3 Overview of Chapters 4 CHAPTER 2: SAFEGUARD MECHANISM UNDER GATT/WTO SYSTEM 5 2.1 Historical Overview of Article XIX of GATT 1947 5 2.2 Agreement on Safeguard (SGA) 8 2.3 Scope of Safeguard Regime 11 CHAPTER 3: THE PHILIPPINE SAFEGUARD MEASURE 13 3.1 The Birth of the RA 8800 13 3.2 Substantive and Procedural Requirements of RA 8800 17 3.2.1 Determination of Like Product 18 3.2.2 Determination of Increase Imports 20 3.2.3 Determination of Serious Injury or Threat of Serious Injury 23 3.2.4 Determination of Causal Linkage 26 3.3 Safeguard Actions 27 CHAPTER 4: CASE STUDY: SAFEGUARD ACTION AGAINST IMPORTATION OF CERAMIC FLOOR AND WALL TILES 32 4.1 The Application of Safeguard Measure 32 4.2 Impact of Safeguard Action 34 4.2.1 On Volume of Imports 35 4.2.2 On Domestic Industry 37 CHAPTER 5: ANALYSIS 43 5.1 Evaluation of Safeguard Mechanisms in GATT/WTO 43 5.2 Evaluation of RA 8800 44 5.3 Evaluation of Impact of Safeguard Measures 48 CHAPTER 6: CONCLUSIONS AND RECOMMENDATIONS 56 6.1 Conclusions 56 6.2 Limitations and Further Recommendation 58 6.3 Policy Recommendation 58 REFERENCES 60 Annex 1 Main Stages of Dispute Settlement Process 63 Annex 2 Safeguard Investigation Process 64 Annex 3 Applicant Companies and Other Domestic Producers 64 |LIST OF TABLES Table 1 Safeguard Cases (2001-2008) 28 Table 2 Definitive Duties of Safeguard Cases 29 Table 4 Total Volume of Ceramic Tile Imports (‘000 SQM)(1997-2006) 35 Table 5 Country Suppliers: Volume and Share (2002-2006) 36 Table 6 Country Suppliers: Growth Rates (2002-2006) 37 Table 7 Apparent Domestic Consumption of Ceramic Tiles And Market Shares (1996-2006) 39 Table 8 Production, Sales and Ending Inventory (1996-2006) 40 Table 9 Annual Rated Capacity, Actual Production and Capacity Utilization of Applicant Companies (1996-2006) 41 Table 10 Exchange Rate 54 LIST OF FIGURES Page Figure 1 Ceramic Tile Imports (‘000 SQM) 35 Figure 2 Apparent Domestic Consumption and Market Share (1996-2006) 38 Figure 3 Philippine GDP Per Capita and Growth Rates (1996-2007) 39 Figure 4 Production, Sales and Inventory (1996-2006) 40 Figure 5 Combined Income Statement of Applicant Companies (1996-2006) 42 Figure 6 Domestic Product Prices and Cost of Production and Import Prices (in Peso) (2001-2006) 54 Figure 7 Domestic Product Prices and Cost of Production and Import Prices (in US Dollar) (2001-2006) 55 Figure 8 Flow Chart of Dispute Settlement Process 60 Figure 9 Flow Chart of Safeguard Investigation Process 67 ABBREVIATIONS AND ACRONYMS AA Agreement on Agriculture AB Appellate Body ACWL Advisory Center on WTO Law AGP Asahi Glass Philippines BIS Bureau of Import Services of the Philippines BOC Bureau of Customs of the Philippines BPS Bureau of Product Standards of the Philippines BSP Bangko Sentral ng Pilipinas CCCN Customs Cooperation Council Nomenclature CIF Cost, Insurance and Freight CITAC Consuming Industries Trade Actions Coalition CMO Customs Memorandum Order COP cost of production DA Department of Agriculture of the Philippines DDA Doha Development Agenda DOJ Department of Justice of the Philippines DSB Dispute Settlement Body DSU Agreement on Understanding of Dispute Settlement DTI Department of Trade and Industry of the Philippines EC European Community EU European Union fig. figure FOB Free-on-Board GATS General Agreement in Trade and Services GATT General Agreement on Tariff and Trade HS Harmonized System IRRs Implementing Rules and Regulations kg kilogram Lepanto Lepanto Ceramics, Incorporated Mariwasa Mariwasa Manufacturing, Incorporated MFN Most-Favored-Nation MT Metric Ton Order DTI Department Order para paragraph Peso or P Philippine Peso PHILCEMCOR Philippine Cement Manufacturers Association QRs Quantitative Import Restrictions RA Republic Act RA 8800 Philippine Safeguard Measure Act SC Supreme Court of the Philippines SG safeguard SGA Agreement on Safeguard SQM or sq.m. square meter SSG Special Safeguard Measures TC Tariff Commission of the Philippines UNCTAD United Nations Conference on Trade and Development US United States of America USD or US$ US Dollar VAT Value-Added Tax VERs Voluntary Export Restraints WTO World Trade Organization-
dc.language.isokor-
dc.publisherGraduate School of International Studies Ajou University-
dc.rights아주대학교 논문은 저작권에 의해 보호받습니다.-
dc.titlePhilippines Safeguard Measures Act and Its Impact: A Case Study of the Philippine Ceramic Tile Industry-
dc.title.alternativeGebela,P Gerry-
dc.typeThesis-
dc.contributor.affiliation아주대학교 국제대학원-
dc.contributor.alternativeNameGebela,P Gerry-
dc.contributor.department국제대학원 국제경영학과-
dc.date.awarded2008.12-
dc.description.degreeMaster-
dc.identifier.localId567877-
dc.identifier.urlhttp://dcoll.ajou.ac.kr:9080/dcollection/jsp/common/DcLoOrgPer.jsp?sItemId=000000009919-
dc.subject.keywordInternational Business-
dc.subject.keywordPhilippine-
dc.subject.keywordCeramic Tile Industry-
dc.description.alternativeAbstractACKNOWLEDGEMENT I would like to thank first of all the Almighty God for helping me complete this work in one piece. My deepest appreciation goes to my advisor, Professor Kyung Ho Lee, who had helped me in fulfilling this work. Also, I am thanking my two co-advisors, Professor Hee Gab Choi and Professor Kyu Sang Lee, who had contributed for the improvement my work. To all my advisors, I am truly grateful. Special thanks to my family who had shared my sacrifices and their continued love and support. Additional thanks to my son, Glenn Ryan, for being my life and inspiration. Dear son, this is for you. I want to extend my sincerest thanks to the Tariff Commission (TC) for giving me this opportunity. I want also to extend my deepest gratitude to KOICA for the financial support and to the professors and staff of GSIS of Ajou University for the knowledge and support. To TC, KOICA and Ajou, thank you for being the instruments in my search for personal and career development. To fourth batch KOICA scholars and friends here in Korea, thanks for being my companions at all times. Without you guys, life here would be very difficult. Many thanks to all my friends in my beloved country, the Philippines, for all the encouragements and faith in me. ABSTRACT Safeguard mechanism under Article XIX of GATT 1994 and WTO Agreement on Safeguard (SGA) aims to encourage structural adjustment on the part of industries adversely affected by increased imports, thereby enhancing competition in international markets. Safeguard Measure Act or Republic Act 8800 (RA8800) was enacted in 2000 in accordance with SGA. Being relatively new, RA 8800 consistency to SGA is put into question. The effectiveness of its application and its impact was also of general concern. Evaluation of RA 8800 and its comparison with its WTO counterpart was reported here. The case of ceramic tile industry was used to assess the impact of safeguard measure. The result of study shows that RA 8800 has provided more clarity, guidance to investigating authorities and aim to improve the effectiveness of agencies involve. Considering the negative impact of the measure to competition, it has been effective to minimize imports from causing serious injury to the industry under study. The measure also has been aiding the industry in putting in place the adjustment plan to be competitive with imports. However, competitiveness of the industry can not be ascertained after the imposition lapsed. To date, it may be said that the Philippine used this instrument reasonably. This study aims to assist and provide guidance to policy makers and investigating authorities in their future investigation and implementation.-
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